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(영문) 대전지방법원 2016.02.03 2015고단2857

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

[2] On May 24, 2013, the Defendant was sentenced to imprisonment for one year by the Daejeon District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of Road Traffic Act, and on May 28, 2014 by the same court, and completed the execution of the final sentence in the Daejeon Prison on September 17, 2014.

Although the Defendant had twice the power of driving under the influence of alcohol as above, on June 20, 2015, the Defendant driven C-car under the influence of alcohol content of 0.107% at the 0.107% alcohol level on the front side of 19 Man-do, Seo-gu, Daejeon, Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or E;

1. Statement of the circumstances of the driver involved in driving;

1. Measurement of drinking alcohol and field photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (formers and confirmations), and personal confinement status;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In full view of the following: (a) the reason reflectiveness of sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) the repetition of drinking during the period of the same repeated offense; (c) the driving background and driving distance; (d) the criminal records (two times the same type of punishment, two times the same type of punishment); (c) the Defendant’s age; (d) the Defendant’s age; and (e) the Defendant’s sexual behavior; and (e) the conditions of all the kinds of sentencing